Full Text of SJR0015 97th General Assembly
SJ0015enr 97TH GENERAL ASSEMBLY |
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| 1 | | SENATE JOINT RESOLUTION NO. 15
| 2 | | WHEREAS, The United States Supreme Court in Olmstead v. | 3 | | L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), held that under | 4 | | Title II of the Americans with Disabilities Act (ADA), States | 5 | | are required to provide community-based treatment for persons | 6 | | with mental disabilities when the State's treatment | 7 | | professionals determine that such placement is appropriate, | 8 | | the affected persons do not oppose such treatment, and the | 9 | | placement can be reasonably accommodated, taking into account | 10 | | the resources available to the State and the needs of others | 11 | | with mental disabilities; and
| 12 | | WHEREAS, Title II of the ADA further states that a public | 13 | | entity shall administer services, programs, and activities in | 14 | | the most integrated setting appropriate to the needs of | 15 | | individuals with disabilities, defining that setting as one | 16 | | that enables individuals with disabilities to interact with | 17 | | non-disabled persons to the fullest extent possible; and | 18 | | WHEREAS, Almost 10 years after the Olmstead decision, a | 19 | | report titled "The State of the States in Disabilities 2008" by | 20 | | the Department of Psychiatry and Coleman Institute for | 21 | | Cognitive Disabilities of the University of Colorado ranks the | 22 | | State of Illinois 40th nationally in fiscal effort for services | 23 | | for individuals with developmental disabilities, including all |
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| 1 | | programs - home based, group home, and congregate care; 43rd in | 2 | | State fiscal effort for community services; 47th in home and | 3 | | community-based waiver spending per capita; and 51st in serving | 4 | | persons with developmental disabilities in environments of 6 or | 5 | | less; and | 6 | | WHEREAS, The State has not adequately invested funding for | 7 | | home and community-based services for individuals with | 8 | | developmental disabilities, and has cut funding for those | 9 | | services in the past three State fiscal year budgets; and | 10 | | WHEREAS, Funding for home and community-based services | 11 | | does not currently meet the cost of providing those services | 12 | | and supports due to inflationary pressures, increased | 13 | | personnel costs, mandated increases in minimum wage, rising | 14 | | health insurance costs, and the increased cost of doing | 15 | | business with vendors; and | 16 | | WHEREAS, Wages for community-based direct service | 17 | | professionals are generally at or barely above the poverty | 18 | | level for a single person supporting one or more children, | 19 | | leading to excessive turnover and undermining the availability | 20 | | of quality services; and | 21 | | WHEREAS, "Person-centered" means that services and | 22 | | supports are identified and authorized to address the specific |
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| 1 | | needs of each person as a result of an individualized | 2 | | assessment and through a person-centered planning process; and | 3 | | WHEREAS, Illinois has a disproportionate number of | 4 | | Illinois citizens with developmental disabilities who are | 5 | | served in Intermediate Care Facilities for the Developmentally | 6 | | Disabled (ICF/DD) and State-Operated Developmental Centers | 7 | | (SODC); and | 8 | | WHEREAS, Data shows that Illinois lags substantially | 9 | | behind nearly all other states in fostering the provision of | 10 | | services in the most integrated setting; the Illinois | 11 | | utilization rate for SODC services in 2009 was 18.0 individuals | 12 | | per 100,000 persons in the general population; the nationwide | 13 | | utilization rate in 2009 was 11.1 individuals per 100,000 in | 14 | | the general population; and | 15 | | WHEREAS, The majority of other states have significantly | 16 | | reduced their utilization of large state-operated facilities; | 17 | | in order for Illinois to achieve parity with the national | 18 | | average by 2017, Illinois would need to serve an average of | 19 | | 8.9% fewer individuals in SODCs annually; and | 20 | | WHEREAS, As long as the State continues to perpetuate | 21 | | short-term measures to address crises in the system, in the | 22 | | long term, Illinois will perpetuate its inability to serve the |
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| 1 | | growing number of individuals with developmental disabilities | 2 | | who are not currently receiving services; and | 3 | | WHEREAS, The total budget for all services across all | 4 | | settings for persons with developmental disabilities falls far | 5 | | short of what is needed for a quality service system; and | 6 | | WHEREAS, The Illinois Department of Human Services' | 7 | | Division of Developmental Disabilities (Division) developed | 8 | | and released its Strategic Plan for Fiscal Years 2011-2017 in | 9 | | July 2010 which aims to substantively re-orient Division | 10 | | priorities and resources to support a truly person-centered | 11 | | system of services for which there is a popular mandate; | 12 | | therefore, be it | 13 | | RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL | 14 | | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | 15 | | CONCURRING HEREIN, that in alignment with the Division's 7-year | 16 | | Strategic Plan (Plan) all children and adults with | 17 | | developmental disabilities living in Illinois will receive | 18 | | high quality services guided by a person-centered plan that | 19 | | maximizes individual choice and flexibility in the most | 20 | | integrated setting possible regardless of intensity or | 21 | | severity of need; and be it further | 22 | | RESOLVED, That, taking into account the resources |
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| 1 | | available to the State, the Plan's progress will be measured by | 2 | | how it increasingly and judiciously provides that Illinois | 3 | | citizens with developmental disabilities, including both those | 4 | | currently served and those awaiting services (as determined by | 5 | | Prioritization of Urgency of Need for Services (PUNS)), are | 6 | | served in the most integrated setting consistent with the | 7 | | protections under Olmstead; and be it further | 8 | | RESOLVED, That Illinois will implement at least one new, | 9 | | outcome-based model for service delivery that improves the | 10 | | coordination and integration of habilitation, social, and | 11 | | clinical care for people with developmental disabilities; and | 12 | | be it further | 13 | | RESOLVED, That the number of individuals living in the most | 14 | | integrated settings will achieve parity with the national | 15 | | utilization rates so that more individuals will live in | 16 | | settings of 6 or less; fewer individuals will live in private | 17 | | ICF/DDs; and fewer individuals will live in SODCs; and be it | 18 | | further | 19 | | RESOLVED, That in order to ensure positive outcomes for all | 20 | | persons, Illinois will work to achieve parity with the average | 21 | | national rate of funding for developmental disability | 22 | | services, in order to achieve the goals set forth by the | 23 | | Division's 7-year Strategic Plan; and be it further |
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| 1 | | RESOLVED, That more individuals with developmental | 2 | | disabilities will receive integrated employment services to | 3 | | achieve parity with the national utilization rates; and be it | 4 | | further | 5 | | RESOLVED, That the number of people receiving | 6 | | Medicaid-funded Home and Community Based Services (HCBS) will | 7 | | achieve parity with national utilization rates; and be it | 8 | | further | 9 | | RESOLVED, That the disparity between wages paid to State of | 10 | | Illinois employees and community-based direct service | 11 | | professionals will be reduced; and be it further | 12 | | RESOLVED, That Illinois will seek to provide funding for an | 13 | | annual cost-of-living increase for community-based direct | 14 | | service employees in order to ensure that these workers receive | 15 | | a fair wage that allows them to support their families; and be | 16 | | it further | 17 | | RESOLVED, That the Division will develop a comprehensive, | 18 | | integrated data management system that captures, aggregates, | 19 | | and analyzes data from various sources, allowing timely | 20 | | analysis of service processes and outcomes; and be it further |
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| 1 | | RESOLVED, That persons with developmental disabilities and | 2 | | their families and guardians will be actively involved in | 3 | | policy discussions and will be respected as partners in the | 4 | | process, making informed choices and decisions in order to | 5 | | support productive and fulfilling lives; and be it further | 6 | | RESOLVED, That the State of Illinois recognizes that home | 7 | | and community providers are a vital part of healthy communities | 8 | | and are counted on by individuals and families and the State to | 9 | | support their goals and therefore should be listened to and | 10 | | respected; and be it further | 11 | | RESOLVED, That the allocation of resources to support | 12 | | people with developmental disabilities will accurately reflect | 13 | | service demand and be a priority at all levels of government | 14 | | and for the citizens of Illinois and that funding for | 15 | | developmental disabilities services will be realigned to | 16 | | reflect the Strategic Priorities and benchmarks identified in | 17 | | the Division's 7-year Strategic Plan; and be it further | 18 | | RESOLVED, That future budgets shall take into | 19 | | consideration the steps necessary to achieve the plans laid out | 20 | | in this joint resolution; and be it further | 21 | | RESOLVED, That copies of this resolution be sent to the | 22 | | Governor, the Secretary of the Department of Human Services, |
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| 1 | | the Director of the Governor's Office of Management and Budget, | 2 | | and all Members of the General Assembly.
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